News & Analysis as of

Liens Commercial Real Estate Market

White and Williams LLP

State Law Receivership for Commercial Real Estate: UCRERA Becomes Effective in Connecticut

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The law affecting distressed commercial real estate is about to change in Connecticut in a significant way. On July 1, 2023, the Uniform Commercial Real Estate Receivership Act (“UCRERA”) becomes effective in the state. Those...more

McCarter & English, LLP

New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,...more

Buchalter

Update: EPA Takes Fast-track to Adopt New Phase I Environmental Site Assessment Standard

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UPDATE: At the time Buchalter published its client alert regarding the new ASTM Standard for Phase I Environmental Site Assessments (Phase I ESAs), we noted that the new ASTM Standard would not be considered “All Appropriate...more

Clark Hill PLC

2019 Arizona Legislative Updates Affecting Commercial Real Estate and Lending (June 2019)

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The First Regular Session of the 2019 Arizona Legislature produced a number of bills affecting commercial real estate and lending that were ultimately approved by the Governor. The text of, and fact sheets and other documents...more

Allen Matkins

Momentum Growing in the Effort to Adopt a Uniform Receivership Law

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In a November 2017 alert, we discussed the recent effort in support of the adoption of the Uniform Commercial Real Estate Receivership Act (“Act”), which would allow receivership property sales free and clear of liens, impose...more

Allen Matkins

The Effort to Adopt a Uniform Receivership Law

Allen Matkins on

There is a recent effort to adopt a uniform receivership act which is applicable to commercial real estate. If adopted in its current form in the 50 states, the receivership laws would provide a consistent treatment of laws...more

Amundsen Davis LLC

Real Estate Broker Liens: Are They a Problem for Lenders?

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Illinois law allows real estate brokers to record liens on commercial properties for commissions that they claim they are owed. When such liens are recorded, questions abound as to their validity and priority. Broker’s...more

Arnall Golden Gregory LLP

Lien on Me: When is a Landlord Liable to a Tenant’s Contractors and Suppliers?

Almost every commercial retail lease provides that the tenant shall not allow any materialman’s or mechanic’s liens to be filed against the landlord’s real property. Moreover, in the event that a contractor or supplier does...more

Shutts & Bowen LLP

If I get a judgment against my commercial tenant, will I be able to collect?

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At times, the easiest part of litigation can be getting a judgment, while collecting on the judgment can be time consuming and expensive. Unfortunately, it is difficult to determine whether you will able to collect on a...more

Shutts & Bowen LLP

Two types of liens commercial real estate sales brokers should know about

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Real estate brokerage is a business. No point in finding a willing buyer for your client’s property unless you get paid for your efforts, right? A lien can be a powerful tool to make sure this happens, but not without risk....more

Partridge Snow & Hahn LLP

Rhode Island Follows Suit with Passage of the Commercial Real Estate Broker Lien Act

There has been an emerging trend over the past few years to give commercial real estate brokers rights to liens on seller and purchaser’s commercial real estate for services performed. Rhode Island is the most recent state...more

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